Israel and Palestine – the key free speech issues

The events of the last week have been horrific. We won’t rehash them here — the videos, photos and details coming out of the Middle East are everywhere you look. For an organisation that campaigns for free speech, we have struggled to find words to respond to the mounting loss of life and the horrendous accounts that emerge every day. But at Index our job is not to report on all of this. Instead our job is to uphold free expression, and to alert the world to the instances where this has been curtailed. So that’s what we’ll do. Here are the free speech issues we are most concerned about:

Killed and missing journalists 
Amid the deaths of civilians, journalists are losing their lives. While there’s nothing to suggest that the journalists are being specifically targeted, their lack of protection is of huge concern, both for them and for the knock-on effect for media freedom more broadly. The Committee to Protect Journalists has reported that at least 10 journalists have been killed so far. The first was Yaniv Zohar, an Israeli photographer working for the Israeli Hebrew-language daily newspaper Israel Hayom, who was killed alongside his wife and two daughters during the Hamas attack on Kibbutz Nahal Oz in southern Israel on 7 October. Israel Hayom’s editor-in-chief has said that Yaniv was working that day. Nine Palestinian journalists have also been confirmed dead as of yesterday and one Israeli journalist is reported missing.

Protest bans
Across the world, buildings are being lit up with blue and white, while green, white, black and red flags are being held aloft in protest. While these vigils and protests are being enacted, so too are calls to shut them down. In the UK, home secretary Suella Braverman suggested waving Palestinian flags might be a criminal act (depending on the context) and told police chiefs to be on “alert and ready to respond to any potential offences”. In France, the interior minister yesterday announced a systematic ban on pro-Palestinian demonstrations. Police have also warned against pro-Palestine rallies in Sydney, after some people chanted antisemitic slogans at a previous demonstration. The Sydney event organisers have distanced themselves from those people and said: “This behaviour has no place at these rallies.” Meanwhile, police in Sydney placed restrictions on Jewish people by warning them to stay at home while that first rally went ahead, and even arrested a man who was carrying an Israeli flag for “breach of the peace”.

There are certain areas that fall into “grey free speech” areas. Protest is usually not one of them. Only sometimes it is. The office was divided, for example, on whether there should be restrictions on protest outside abortion clinics. Today we are similarly divided. The Times argues here that some protests are making the leap from a peaceful right to expression to hate crimes. The Daily Beast argues the opposite and that these bans would erode our free speech rights.

Internet interruptions 
This week we’ve heard reports of social media accounts being suspended or blocked. NetBlocks, a former Index award-winner which maps media freedom, has also reported on declining internet connectivity in areas of both Israel and Palestine, after attacks and counter-attacks. In Gaza, a total blackout is anticipated if further internet infrastructure is damaged, making access to social media all but impossible before the apps are even opened. As we reported when Erdogan cut off access to social media following the Turkey earthquakes, access to the internet and these platforms is crucial during times of disaster and war. It can be a lifeline, connecting people to aid as well as to their loved ones.

Misinformation multiplied 
On Wednesday, Bellingcat founder Eliot Higgins called out a video seemingly from the BBC being circulated by Russian social media users, which claimed Ukraine was smuggling weapons to Hamas. The video was entirely fake. Others have highlighted video after video claiming to be footage of Israel bombing Gaza or Hamas airstrikes on Israel, which are in fact a combination of Assad airstrikes in Syria, fireworks in Algeria and even video game footage. Both faked and reappropriated content are running rampant on X (formerly Twitter), which is not necessarily anything new. But a Wired report suggests that the scale of the problem is new. Boosted posts from premium subscribers take precedence over once-verified news providers and hordes of fired misinformation researchers now spend their time updating their CVs rather than fighting fake news on the platform. And in an added twist fake news to smear both Muslims and Jews is also running rampant behind China’s Great Firewall on Sina Weibo.

Fair journalism
Getting news from on the ground is a huge challenge in this conflict, and it’s in that vacuum that the kind of misinformation we just outlined takes hold. So it’s all the more concerning that Israel’s public broadcaster Kan News reported that the Israeli cabinet is planning emergency legislation to ban Al Jazeera, which does have a presence on the ground in Gaza. This is not the first time Israel has announced a ban on the network. Back in 2017 Israel looked set to join a boycott by Jordan, Egypt, the United Arab Emirates and Saudi Arabia, which all accused the network of sponsoring terrorism. Relationships between Al Jazeera and Israel have also been very strained since the May 2022 killing of Al Jazeera correspondent Shireen Abu Akleh. But if Al Jazeera is banned, one of the few media outlets reporting from within Gaza will go silent. 

We know that conflicts can deal a blow to free expression. At Index we are here to ensure that doesn’t happen, or at least if it does happen that it doesn’t go unnoticed. We will continue to monitor the situation closely.

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The free speech Euros: Group C

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Razvan Pasarica/SPORT PICTURES/PA Images

North Macedonia fans at Euro 2020. Razvan Pasarica/SPORT PICTURES/PA Images

In celebration of one of football’s biggest international tournaments, here is Index’s guide to the free speech Euros. Who comes out on top as the nation with the worst record on free speech?

It’s simple, the worst is ranked first.

We continue today with Group C, which plays the deciding matches of the group stages today.

1st Ukraine

Ever heard of the “Information War”? It is probably the biggest threat to freedom of speech in Ukraine and consumes most of the attention directed towards the state where there is often a distinct lack of freedom of expression. The information war between Russia and Ukraine is supposedly solely pro-Russian propaganda, but recent trends show that Ukraine is just as guilty of press freedom violations in this area.

The former Index employee currently detained in his native Belarus Andrei Aliaksandrau explained the tensions and Information War between the two countries back in 2014.

He wrote: “The more you lie, the less you need to shoot. And if you are very good at propaganda, you don’t need to shoot at all to win a war. The principles of an information war remain unchanged: you need to de-humanise the enemy. You inspire yourself, your troops and your supporters with a general appeal which says: “We are fighting for the right cause – that is why we have the right to kill someone who is evil.””

Essentially, propaganda between the two has forced true, fact-checked information to become secondary to a slanging match that has accompanied a territorial dispute between Russia and Ukraine over Crimea.

Ukrainian law stripped three Russian state TV channels of their licences in February earlier this year and they can no longer be shown in Ukraine.

At the time Jeanne Cavelier, the head of RSF’s Eastern Europe and Central Asia desk said:Even if the desire to combat propaganda is legitimate, it does not justify the use of censorship, and banning these TV channels is liable to stir up violence against journalists. This violation of freedom of expression violates Ukraine’s international obligations.” 

The situation has also created an atmosphere in which journalists can be targeted and physically attacked. Eight journalists have been killed in Ukraine since 2014, according to the Committee to Protect Journalists, four of them seemingly in a crossfire between Ukrainian and pro-Russian separatist forces.

The most recent killing was in 2019 with the death of Vadym Komarov, killed after a Facebook post revealed that he planned to publish allegations of corruption within local authorities.

Komarov was found in the city of Cherkasy, central Ukraine, with blunt trauma injuries to the head on 4 May 2019, he died in hospital on 20 June.

2nd North Macedonia

In North Macedonia, journalists are no stranger to threats and harassment. This, added to the actions of corrupt officials leads to what Reporters Without Borders (RSF) describes as a “culture of impunity”.

Violent threats towards reporters are common. Journalist Miroslava Byrns was subjected to threatening messages online after reporting on a wedding with 200 guests in the town of Tetovo, during the Covid-19 pandemic in July 2020. Byrns received one message that read “you will see what will happen to you” and was given 24-hour police protection in response.

Similarly, journalist Tanja Milevska received equally disgusting abuse after questioning the use of “Macedonia” by Hungarian Prime Minister Viktor Orbán. The country’s name was changed in 2019, ending a long running dispute with Greece.

As a result, Milevska received a variety of awful online threats and abusive messages, including those of rape and graphically detailed violence.

Threats, sadly, are indicative of a culture of targeting bred by some North Macedonian officials.

In February 2020, then assistant head of department at North Macedonia’s Central Registry Emil Jakimovski, sent threats that included sexual comments to Meri Jordanovska and Iskra Korovesovska, the deputy editor of news website A1on and editor-in-chief of local broadcaster Alfa TV respectively. Jakimovski was later sacked.

The incident was not unusual. In 2019, local government staffers in the town of Aračinovo attempted to force a journalist and cameraman from TV21 to delete camera footage of interviews with local residents after requesting an interview with Mayor Milikije Halimi.

The two were locked in a room before being forcibly driven to the TV21 headquarters.

There is general distrust between the media and government. In 2015, the Macedonian government were found to have been wiretapping citizens, as well as over 100 journalists. The scandal led to the downfall of the then government.

It was found that the government was using the spying software FinFisher. FinFisher, according to Computer Weekly, is “a sophisticated and easy-to-use set of spying tools that is sold only to governments”.

Use of this technology is a clear violation of the rights of North Macedonian journalists to report without fear or intimidation.

3rd  Austria

Most of the concerns around free speech in Austria arise due to defamation suits.

Strategic lawsuits against public participation (Slapps) are common in Austria. Slapps are a type vexatious defamation lawsuit usually aimed at journalists by large corporations or governments. The aim is to stop the journalist from publishing certain information, or pressure them with court cases that are time consuming and extremely costly.

According to Georg Eckelsberger of the investigative media outlet Dossier, letters threatening legal action are often received by journalists in Austria.

In 2017, for example, vice president of the autonomous province Bolzano in Italy and its minister for agriculture Arnold Schuler filed a Slapp against the Jurek Vengels and the Munich Environmental Insititue (MEI) and author Alexander Schiebel. The MEI and Schiebel had helped uncover the use of dangerous pesticides by farmers in Germany.

Commissioner for human rights of the Council of Europe Dunja Mijatović cited the case in expressing her concerns over Slapps. She said: “While this practice primarily affects the right to freedom of expression, it also has a dramatic impact on public interest activities more broadly: it discourages the exercise of other fundamental freedoms such as the right to freedom of assembly and association and undermines the work of human rights defenders.”

The non-profit organisation Freedom House pointed towards libel laws protecting politicians from proper questioning, particularly members of the right-wing populist party, the Freedom Party of Austria (FPÖ). The FPÖ have been responsible for the targeted bullying of Austrian journalists.

A growing trend in the country is also tensions between press and anti-lockdown protesters, something that has been echoed across Europe (BBC Newsnight political editor Nick Watt was hounded outside Downing Street only last week).

On 6 March 2021, several photojournalists covered anti-lockdown demonstrations in the Austrian capital of Vienna. Once again, the FPÖ were heavily involved and signs and placards were seen that read “the lying press”.

4th Netherlands

The Netherlands’ record on free speech is generally good.

Perhaps one of the clearest developments regarding free speech in the Netherlands in recent years is the court case involving the online abuse of journalist Clarice Gargard.

The case, which took two years to reach a judgement, saw 24 people convicted of incitement, insult and discrimination after Gargard was abused during a live stream of a protest she took part in against Zwarte Pieta, a blackface caricature part of traditional Christmas celebrations in the Netherlands.

The case, which journalist Fréderike Geerdink wrote about for Index in the recent winter edition of the magazine, was a landmark moment in retributory action taken against those threatening journalists in the country.

The case exists now as a precedent that may deter people from sending the kind of racist and sexist abuse Gargard was subjected to.

Freedom of speech is protected by the Dutch constitution but is not absolute and it is the incitement law that is contentious. Dutch people can be charged with incitement even if the comment is in relation to an inanimate object.

Generally, however, there is little to stop someone one the Netherlands, legislatively speaking, from speaking out. Also, on the case of incitement, 70 to 90 per cent of cases don’t go to trial, according to an article by The New Republic.

That said, the International Press Institute (IPI) has expressed concern over an increase in threats to reporters after government-imposed coronavirus curfew restrictions. A number of senior reporters in news organisations have noticed increasingly threatening attitudes towards journalists during the pandemic. Partly, some believe, due to conspiracy theorists equating government restrictions such as lockdowns a face masks being supposedly due to a media narrative.

They said: “In 2020, monitoring groups in the Netherlands charted a significant increase in threats and acts of aggression against journalists, with figures nearly trebling on the previous year from 52 to 141. While this may in part be down to the success of the new PressVeilig (Press Safety) hotline – a joint initiative of the NVJ, the Association of Editors-in-Chief, the Police and the Public Prosecution Service – editors have still noted a clear increase in hostility.”

Other Groups

Group A

Group B

Group D

Group E

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Governments using virus as cover to restrict newspapers

Jordan, the UAE, Oman, Morocco, Yemen and Iran. It is the sort of list that Index might compile for any number of attacks on freedom of expression. In this instance they are all countries that have chosen to ban the printing of newspapers and other media during the current Covid-19 crisis, ostensibly to contain the spread of the virus.

This trend of governments using this pandemic to close down newsprint is one of a series of trends that we have identified in compiling Index’s mapping project . The map, created in conjunction with Justice for Journalists Foundation, tracks media violations during the coronavirus crisis.

On 17 March, the Jordanian Council of Ministers ordered newspapers to stop producing print editions for two weeks in a bid to stop the spread of the coronavirus. Minister of state for media affairs Amjad Adaileh said at a press conference that the decision was “because they help the transmission of the pandemic”. On 21 March, the UAE’s National Media Council announced a temporary ban on printing all newspapers and magazines except for regular subscribers of the publications and large outlets in shopping centres.

The council said the decision was “in line with the precautionary measures taken to contain the spread of the virus. Several people touching the same printed material has the potential to disseminate the virus.”

Over the next week, Morocco, the Sultanate of Oman, Yemen and Iran all followed suit, forcing publishers to produce copies online. In April, the Indian state of Maharashtra did things differently; it didn’t ban print publications but banned their delivery to people’s doors.

In early April, a number of Tunisian publishers suspended printing a number of daily and weekly publications.

Yet there is mounting evidence that there is little or no risk of catching the virus from newspapers, which has led Index to suspect that Covid-19 is being used as an excuse.

The World Health Organisation is reported to have said that the risk of contracting the virus from newsprint is “infinitely small”.

Professor George Lomonossoff, a virologist at the John Innes Centre said in a TV interview: “Newspapers are pretty sterile because of the way they are printed and the process they’ve been through. Traditionally, people have eaten fish and chips out of them for that very reason. So all of the ink and the print makes them actually quite sterile. The chances of that are infinitesimal.”

Former director general of the Indian Council of Medical Research N K Ganguly told the Deccan Herald: “It is more of a perception than reality that COVID-19 virus spreads through newspapers.

The risk of catching the virus from newsprint seems remote but some say the fear of it spreading that way is causing people not to buy print newspapers.

Vincent Peyrègne, CEO of the World Association of News Publishers, (WAN-IFRA) said:

“Today, modern newspaper production is fully automated from end to end. There is hardly human intervention until the last mile distribution point. The ink and solvent used in newspaper printing act as a disinfectant to a large extent and there is no evidence to show that newspapers are carriers of the virus. The rumours that the virus can spread through newspapers is also having a disastrous effect, and newspaper as a source of transmission of the virus is very remote.”

It is perhaps telling that the countries which appear high on various rankings of press freedom have not joined in with banning newsprint.

Peyrègne said these countries “banned print newspapers with the fallacious, or misleading argument that they needed to protect the health of citizens”.

“Any banning of media or placing of restrictions on journalists or media organisations is not only an attack on the freedom to inform and to be informed, but it also carries serious consequences in terms of responsibility for contributing to one of the most serious humanitarian and economic crises we have experienced in the last one hundred years. Nevertheless, many authoritarian countries feel that the crisis is the perfect excuse to crack down on free speech, silence their critics and accelerate repressive measures,” said Peyrègne.

The ban on print editions of newspapers and magazines has contributed to a devastating effect on circulations.

Peyrègne said: “The month of April hit the circulation of the daily press hard, due to confinement, the closure of sales outlets and the shutdown of transport. Generally speaking, readership and subscription surged dramatically during the lockdown. Some segments were obviously more affected than others.”

In the UK, the auditing body ABC has told publishers they no longer have to reveal their print circulations, a move which media trade journal Press Gazette says may mean we “never get the full picture of the impact of coronavirus on newspaper sales”. It says that News UK is the only major publisher to say it will not provide the figures so far.

The crisis has also seen a dramatic acceleration in the move of local newspapers away from print. Many local newspapers rely on advertising from their communities and most of these businesses have been forced to close during the crisis, sucking revenues from the publishers.

News Corp Australia announced at the end of May that 76 of its local and regional newspapers would become digital only while 36 others would cease publication permanently.

In the UK, JPIMedia said it was temporarily stopping the print publication of a dozen of its titles, including the MK Citizen in Milton Keynes and the News Guardian in North Tyneside.

In Egypt, Sawt Al-Azhar, Veto, Al-Youm Al-Gadid and Iskan Misr have all temporarily stopped producing print editions.

It is good to see that some countries, including Morocco, Tunisia and Jordan have reversed their bans but such incidents represent just a small part of wider crackdowns on media freedom that we are witnessing at this time of crisis and which we are reporting on our interactive map.

Newspapers play a vital role in informing communities, particularly at times of crisis, and the combination of misguided bans and the poor financial viability of some titles will be a loss that will be keenly felt.

Read more about Index’s mapping media freedom during Covid-19 project.